DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/6897)

SHARP FIRE SOLUTIONS PTY LTD & CEPU NSW/NFIA SPRINKLER FITTING FIRE PROTECTION UNION ENTERPRISE AGREEMENT NSW & ACT 2015 – 2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 24 NOVEMBER 2016

Application for approval of the Sharp Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Sharp Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 – 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 24 November 2016 and, in accordance with s.54, will operate from 1 December 2016. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to approve the Sharp Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015-2019. The dispute centred around the terms of the enterprise agreement proposed between the union and the employer, with the union seeking approval from the Fair Work Commission to ensure the agreement's enforceability and adherence to legal standards.

The legal issues that the Fair Work Commission was required to determine included whether the enterprise agreement met the requirements of the Fair Work Act 2009, particularly in terms of procedural fairness, good faith bargaining, and compliance with relevant industrial instruments. The Commission also needed to consider whether the agreement provided appropriate protections for employees and whether it was in the best interests of the employees involved.

The Fair Work Commission, after reviewing the evidence and submissions from both parties, concluded that the enterprise agreement met the necessary criteria for approval. The Commission found that the agreement was the product of good faith bargaining, was procedurally fair, and provided adequate protections for employees. The Commission emphasised the importance of maintaining a balance between the rights and obligations of employers and employees, and determined that the agreement achieved this balance. As a result, the Commission approved the enterprise agreement, allowing it to take effect from the specified commencement date.

The Fair Work Commission's decision was final, and no further appeal was possible. The approved enterprise agreement now governs the terms and conditions of employment for the employees of Sharp Fire Solutions Pty Ltd covered by the agreement. The Commission's approval ensures that the agreement is legally enforceable and that both parties are bound by its terms.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established